WELCOME TO THE BLOG OF ORLANDO PERSONAL INJURY ATTORNEY JEFFREY B. SEXTON, PA.


WE BLOG ABOUT RELEVANT ISSUES IN PERSONAL INJURY LAW, DISCUSS THE MISCONCEPTIONS SURROUNDING PERSONAL INJURY LAW, REPORT ON SOME OF THE MOST POPULAR CASES IN THE NEWS, AND PROVIDE READERS WITH HELPFUL PERSONAL INJURY INFORMATION AND RESOURCES.



PLEASE VISIT WWW.SEXTONLAW.COM FOR MORE INFORMATION.

Sunday, March 31, 2013

Florida's Personal Injury Protection Law

Many people have criticized Florida's Personal Injury Protection (PIP) law and would like it eliminated, however Governor Scott prefers to mend it.

PIP is a type of insurance drivers in Florida must carry. The purpose of this insurance is to make readily available emergency medical benefits to people involved in auto accidents, without regard to who is at fault. Under the law, a person injured in an accident must seek care within 14 days. The allotted benefits drop from $10,000 to just $2,500 if the treatment was not for an "emergency medical condition." And one's medical condition must be diagnosed by a provider on a specified list. This list excludes chiropractors.

A great deal of Floridians feel as though the PIP law is redundant. This is due to most motorists already possessing some type of bodily injury coverage. People are also challenging the law due to massage therapy and acupuncture procedures being eliminated as part of the PIP system. An additional reason change is sought is the federal Affordable Care Act, which takes effect January 1, 2014, is presumed to cover a great deal of what is already provided through PIP.

In an effort to return the PIP law to its prior form, a Circuit Court Judge has found the statute unconstitutional, granting a temporary injunction against it. The basis for his ruling was the exclusion of chiropractors, the exclusion of payment for massage therapists, and the 14 day cut off for maximum benefits.

A Senate bill directed at putting a stop to Florida's PIP law was met with silence during the committee meeting on April 9. As a result, Sen. David Simmons removed the bill from being voted on, then said it would be brought back the following week. Stay tuned for updates...

Wednesday, March 6, 2013

Florida's Anti-Hazing Law Is One Of The Most Severe In The Nation

Monday, March 4, twelve former university band members were charged with manslaughter in the 2011 hazing death of drum major Robert Champion Jr. Previously, 10 ex-students were charged with felony hazing resulting in death. Currently, the previous 10, plus two other former students will also be charged with manslaughter.

According to hazingprevention.org, 1.5 million high school students are hazed each year and more than 250,000 college students experienced some type of hazing to join an athletic team. Research has shown that 95 percent of hazing victims do not report the incident.

Florida's anti-hazing law is one of the most severe in the nation. As a result of the law passed in 2005, a student found guilty of hazing could be subject to jail time.

Sadly, 9 out of 10 students who have experienced hazing while in college do not consider themselves to have been hazed. The National Federation of State High School Associations defines hazing as any humiliating or dangerous activity expected of a student to belong to a group, regardless of their willingness to participate. Some practices associated with hazing result in serious bodily harm and even death. These practices include: tattooing, branding, head-shaving, piercing, physical punishment, sleep deprivation, consuming unreasonable foods, beverages, and drugs, kidnapping, personal hygiene deprivation, and inappropriate sexual behavior.

Hazing is not a harmless right of passage. It does not establish camaraderie. Hazing rituals often destroy self-esteem, create stress, and can aggravate or induce psychological illnesses. Contact Florida Personal Injury Attorney Jeffrey Sexton if you or a loved one have been seriously injured or killed through the acts of hazing.